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sfgurly

Portfolio recovery suing me. Newbie help!

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Hi I'm VERY new to this site so PLEASE correct me if needed. Just throwing things out there to see if I can get some Insight. I am being sued by portfolio recovery for an HSBC Orchard card opened in 09. My EX credit report lists the HSBC account under "good standing accounts" and current with a 0 balance, but it also states "purchased by another lender"? Is that right? ive disputed this account with the CRA and it has come back verified each time. PRA has since sent me a copy of the billing statement after each dispute and a letter stating they owned the account. Since they consider that proper validation and are now suing, I'm confused as to what my options are and if I even have a leg to stand on if I denied their claim when I get served? I have yet to be served with the summons (but am sure it will be any day now) and have only found out about the case being filed against me through recent attorney advertisements in the mail and confirmed it by doing a public record search online in my county court with the case # that was provided in the advertisements. I live in Atlanta, GA. Any advice how to best prepare myself with PRA would be greatly appreciated. Please let me know if you need more info, or if i just need to wait and be served before posting. Thank you in advance!!

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Welcome to the board! You'll find a lot of help here by people who have beaten junk debt buyers (JDBs) like Portfolio. You definitely have a leg to stand on in a lawsuit with a JDB. They tend to have "evidence issues" when a person fights back and makes them prove their case. Read up on a few threads and you'll see why.

 

First priority is to make sure you answer the summons/complaint within the time dictated by your court. The JDB business model depends heavily on people not answering and allowing a default judgment on the lawsuit. Do you know the date it was filed? And your court's timelines for answering the summons/complaint? It would be nice if JDBs always played by the rules, but there are some who will not serve the defendant properly (or at all) and file for the default. Since you have access to the case online, it may be in your best interest to download it or go to the courthouse and get the summons yourself so that you can answer it.

 

Once you have it, go to this thread: http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/, copy the questions and paste it back in here with your answers. We can help you better with these details.You can be vague about names, #s if you like. There are members on the CIC from Georgia who can help with the nuances of your state. help4me is from Georgia and has a few threads regarding his/her battles.

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Thank you! Yay! My first response! They filed 11/13 looks like.. I believe it's 20 or 30 days to answer? will double check. I'll definitely go pick up the summons myself if it helps. Any idea as to what usually happens after I answer a summons? What happens if they were granted the judgment, does that restart or adds an additional debt on my credit report? Never been through something like this and overwhelmed with all the info out there (it can be confusing) but so glad I found this site and will def do some more reading. Thanks again for your help :)

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one of the all time great wins against Midland Funding was against Jill Sheridan out of Gwinnett, Georgia. Do a Google search on lawsuits + jill sheridan and you will find a ton of documents to be used as examples with case law that will help you win your case. 
 

 

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UPDATE:

OK, so I just received a manila folder in my mailbox sent regular mail this AM from Portfolio Recovery. Inside was a copy of a notarized affidavit along with 10 months worth of statement copies from HSBC. They also included a copy of the cc agreement (11/07 NAF,AAA). I have not been served yet. Guess they send these types of letters beforehand as a way to inform me they are suing? "Gee, thanks" Just wanted to hear anyones thoughts on this. I also found out online that the case was filed early November. Im assuming the sherriff should arrive with summons...anyday now.....? *twiddling thumbs*

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Nice link @Huey Pilot

 

@sfgurly - The packet they sent you sounds like the typical documents they send everyone. This is just a "wild" guess, but I figure the affidavits reference the sale of a pool of accounts, not yours specifically? IMO, these packets are designed to make you think they have all they need to get a judgment against you, to make you think you need to settle before they get you for the full amount. But documents from a 3rd party are just pieces of paper that amount to nothing but hearsay until a qualified professional from the original creditor can authenticate them in a manner which follows the law, and I have yet to see a thread on this board where a JDB was willing or able to produce such a witness.

 

Do you know what GA rules are on service? For example If they have tried to serve you, but failed (because no one was home when they came by, etc) do Goergia rules allow them to substitute serve a family member, or at your place of employment? If that fails can they make a public notice (in local newspaper) that satisfies service? They filed this case a month ago. I still recommend going and getting the summons yourself and not waiting to be served. I don't trust these people to conduct service properly and have read threads where default judgments were granted because the JDB claimed they had properly served the summons, but the person claimed they were never served, or that service was conducted via public notice and they didn't find out in time. The filing being a month old would make me a little nervous.

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 IMO, these packets are designed to make you think they have all they need to get a judgment against you, to make you think you need to settle before they get you for the full amount. But documents from a 3rd party are just pieces of paper that amount to nothing but hearsay until a qualified professional from the original creditor can authenticate them in a manner which follows the law, and I have yet to see a thread on this board where a JDB was willing or able to produce such a witness.

 

It's enough if the defendant doesn't show for court or properly challenge their evidence. Anyone that's fought one of these cases knows better though.

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It's enough if the defendant doesn't show for court or properly challenge their evidence. Anyone that's fought one of these cases knows better though.

When I first received 'the evidence' in my case it gave me that initial hit of anxiety, despite anticipating what the envelope would contain. I wasn't until I zeroed in on the last few pages of the thick packet, the affidavits, that I truly understood what experienced CIC members meant when they talked about a JDBs "b.s. evidence."

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I have no clue as to what the laws are, this is my first case. Ill try to look them up though. I am not employed at the moment so im home 98% of the time. Someone is always here most of the time. If they did come by though.. would there usually be a notice? But maybe theres a different law in my county. I live in Atlanta (fulton county). Will def be calling them NOW to see my options. Thanks guys!

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I have no clue as to what the laws are, this is my first case. Ill try to look them up though. I am not employed at the moment so im home 98% of the time. Someone is always here most of the time. If they did come by though.. would there usually be a notice? But maybe theres a different law in my county. I live in Atlanta (fulton county). Will def be calling them NOW to see my options. Thanks guys!

If you mean call the JDB/plaintiff,I wouldn't call them. There may be times during your case where a phone call is a needed procedure, but generally speaking, there's little benefit to you to speak to them, while on the flipside they may gain benefit by having spoken to you (gained information, or get you to say something that hurts your case).

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If you meant calling the courthouse to get some questions answered, that could be a good idea. Maybe they could fill you in on rules of civil procedure regarding service, or whether your online case filing would include a proof of service from the plaintiff whenever they complete service. Maybe they can tell you where to find Georgia rules of civil procedure? I found this on google, looks like it leads to to the rules... http://www.lexisnexis.com/hottopics/gacode/

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http://www.scribd.com/JillianSheridan/documents

Here are all her documents she used in her case against midland.

Every thing you would need will be here on her site.

She has some great reads also about junk debt buyers.

 

Remember dont get scared there is No need to ever talk to the plaintiff except in court.

 

Study her case,use most of her answers and if you have questions just ask.

 

http://www.scribd.com/doc/51607569/06-12-2010-Defendants-Answer-With-Counterclaim-Midland-v-Sheridan her answer and counter claim

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